Majority
p. 773Catherine M. Morrison et al., Appellants, v. New York Rapid Transit Corporation, Respondent. Argued March 7, 1940; decided April 9, 1940.
p. 774
Sidney J. Feltenstein and Joseph J. Stern for appellants.
Andrew F. Van Thun, Jr., and W. Harry Sefton for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact was presented by the evidence. No opinion.
Concur: Loughran, Rippey, Sears and Conway, JJ. Dissenting: Lehman, Ch. J., Finch and Lewis, JJ.